Legal Question in Criminal Law in Texas

7/16/10.... I had a severe motor vehicle accident and received a closed head injury upon impact of rollover incident I 've been going through months of physical therapy and numerous specialists in the Dallas area. Baylor Medical and Southwestern Medical along with local doctors here in Wichita Falls. I'm currently having clinical and diagnostic neurilogical dissorders and receiving professional physical therapy and medicine therapy. My wife says I'm like living with a 48 year old alzteimers patient. I am scheduled for another MRI of brain this week. This is my problem, I went to the United grocery store last week to get a few items. The faucet in the kitchen sink would barely allow water to come out. I figured it was stopped up with trash particles in the system. (No-one drinks the water here). Anyway at the store I saw an end that I thought would fit my faucet. I had forgot my glasses and could not see through package if it was male or female end, so I opened package. $4.99 was price, anyway it was the wrong end that I needed But I had already opened package. I was planning on just setting it down on the shelve in another area of the store and go on about my business. Regardless I finished shopping stopped and spoke to one of the managers on the way out, small town. I had forgot about the 4.99 piece in my pocket and you would have thought i had committed murder. They approached me led me into small room called three patrol cars and treated me like a terrorist. Me and my family shop here at least 4 times a week and I get all my Prescriptions from here. They wrote me a 275.00 dollar ticket for theft and barred me indefinitley. I have never been in any trouble with law, noted church member of society and spend time for charitable contributions. This punk don't realize how his "BIG BUST" has dishonored me and my family in the community. My medical records support and state; Lack of concentration, Dementia, long and short term memory loss, Failure to maintain chain of thought process, etc.... What can I do??

Kind regards,

Gary


Asked on 12/09/10, 1:56 pm

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

Almost every crime requires the State to prove what is known as a free act and an intent to commit that crime. Just based on what you have relayed, it would be difficult if not impossible for them to prove that you either acted freely or that you formed the intent required to commit this theft. I would highly recommend you hire a local criminal defense attorney to fight this Class C theft charge. With proof of your medical conditions, he or she may be able to convince the prosecutor that this case should be dismissed. If not, then the attorney can take your case in front of a jury and convince them you should not be convicted. (If you simply pay the ticket, you are pleading guilty and will have this conviction on your record for the rest of your life.)

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Answered on 12/14/10, 4:01 pm


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